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GREEN RIVER DEVELOPMENT CO. v. FMC CORP.

Nos. 5770, 5771.

660 P.2d 339 (1983)

GREEN RIVER DEVELOPMENT COMPANY, Appellant (Petitioner/Respondent), and Pacific Power & Light Company, a corporation, (Respondent), v. FMC CORPORATION; Texas Gulf, Inc.; Allied Chemical Corporation; Church & Dwight Company, Inc.; and Charles Price, Joseph Murdock, Mike Noble, Edna Mae Swain, Doris Luman, John E. Wardell, Albert P. Sommers, Ted L. Higgins, Harry Steele, Martin Wardell, Jr., Lance Hill and J.P. Barlow, Appellees (Petitioners/Respondents). The WYOMING STATE ENGINEER, Appellant (Respondent), v. GREEN RIVER DEVELOPMENT COMPANY; FMC Corporation; Texas Gulf, Inc.; Allied Chemical Corporation; Church & Dwight Company, Inc.; and Charles Price, Joseph Murdock, Mike Noble, Edna Mae Swain, Doris Luman, John E. Wardell, Albert P. Sommers, Ted L. Higgins, Harry Steele, Martin Wardell, Jr., Lance Hill and J.P. Barlow, Appellees (Petitioners/Respondents), Pacific Power & Light Company, a corporation, (Respondent).

Supreme Court of Wyoming.

March 2, 1983.

Attorney(s) appearing for the Case

Wm. R. Jones of Jones, Jones, Vines & Hunkins, Wheatland, for Green River Development Co., appellant in No. 5770 and appellee in No. 5771; Lawrence J. Wolfe, Asst. Atty. Gen., Cheyenne, for The Wyoming State Engineer, appellant in No. 5771.

James E. Fitzgerald and Sharon A. Fitzgerald, Cheyenne, for appellee FMC Corp.

John Sundahl of Godfrey & Sundahl, Cheyenne, for appellees Texas Gulf, Inc. and individual Ranchers.

Robert H. Johnson, Rock Springs, for appellees Allied Chemical Corp. and Church & Dwight Co., Inc.

John D. Erdmann, Asst. Atty. Gen., Cheyenne, filed a brief in behalf of the State Board of Control.

Before ROONEY, C.J., and RAPER, THOMAS, ROSE and BROWN, JJ.

ROSE, Justice.

NATURE OF THE CASES

On December 27, 1977 Green River Development Company (sometimes called Green River, or GRDC), petitioned the Wyoming State Engineer, seeking to amend four Green River water permits that it had acquired in 1948. These permits carry the following priority dates: December 22, 1908; December 28, 1910; March 23, 1920; and January 21, 1921.

Under the authority alleged to be contained in § 41-4-514, W.S. 1977,

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